EMPLOYERS IN RELATION TO THE MANAGEMENT OF SUDAMDIH AREA OF BHARAT COKING COAL LIMITED Vs. THEIR WORKMEN BEING REPRESENTED BY THE SECRETARY, BIHAR COLLIERY KAMGAR UNION

JUDGEMENT

(1.) HEARD .

(2.) THE petitioner, being the management of Sumadih area of M/s BCCL in Eastern Jharia Area, has in this writ application challenged award dated 20.05.2003 passed by the Central Government Industrial Tribunal No. 2, Dhanbad, in reference case No. 23/1996 whereby, while answering the reference in favour of the workman, the Tribunal had directed the management to allow the concerned workman to resume his duty and to pay him 50% back wages with effect from 1978. The terms of reference of the dispute as made by the Central Government to the Tribunal for adjudication is as follows:

(3.) THE case of the workman is pleaded by him before the Tribunal was that being employed as an Explosive Carrier at the Pathardih colliery of the Respondent -BCCL and ever since the date of his appointment, he had rendered his continuous service by putting in 240 days attendance continuously in each calender year. However, with effect from 1978, he was stopped from working without assigning any reason and without complying the mandatory provisions of notice as per Section 25F of the Industrial Dispute Act.